o0068-24

FILE NO. 240070 ORDINANCE NO. 068-24 [Planning Code - Exceptions and Extensions for Existing Uses] Ordinance amending the Planning Code to modify offset requirement for heights exceeding 30 feet in the Bernal Heights Special Use District; permit large movie theater signage in the Japantown Neighborhood Commercial District; allow Medical Cannabis Dispensaries to continue operating as Temporary Cannabis Retail Uses until December 31, 2024; clarify eligibility for reduction in lnclusionary Housing requirements; and correct an error in the Zoning Control Table for the Urban Mixed Use District; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times I'lew Romenfent. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 240070 and is incorporated herein by reference. The Board affirms this determination. Planning Department BOARD OF SUPERVISORS Page 1 . ' (b) On December 14, 2023, the Planning Commission, in Resolution No. 21469, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 240070, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 210469, and the Board incorporates such reasons herein by reference. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 240070. Section 2. Article 2 of the Planning Code is hereby amended by revising Section 242, to read as follows: SEC. 242. BERNAL HEIGHTS SPECIAL USE DISTRICT. * * * * (e) Controls. All provisions of the Planning Code applicable to an RH-1, RH-1(S), RH-2, and RH-3 District shall apply to applicable portions of the Special Use District except as otherwise provided in this Section 242. (1) Height Limits. No portion of a dwelling in any portion of this district shall exceed a height of 30 feet except as provided below. Notwithstanding the prior sentence, the heights limits in this subsection (e)(l) shall not apply to building permits for structures erected on Lots 055, 056, and 057 in Block 5526 approved before January 8, 2020. * * * * Planning Department BOARD OF SUPERVISORS Page2 Section 3. Article 6 of the Planning Code is hereby amended by revising Section 607.1, to read as follows: SEC. 607.1. NEIGHBORHOOD COMMERCIAL AND RESIDENTIAL-COMMERCIAL DISTRICTS. * * * * (f) Business Signs. Business Signs, as defined in Section 602, shall be permitted in all Neighborhood Commercial and Residential-Commercial Districts subject to the limits set forth below. * * * * (2) RC, NC-2, NCT-2, NC-S, Inner Balboa Street, Outer Balboa Street, Broadway, Castro Street, Inner Clement Street, Outer Clement Street, Cortland Avenue, Divisadero Street, Excelsior Outer Mission Street, Fillmore Street, Upper Fillmore Street, Folsom Street, Glen Park, Inner Sunset, Irving Street, Haight Street, Lower Haight Street, Hayes-Gough, Japantown, Judah Street, Upper Market Street, Noriega Street, North Beach, Ocean Avenue, Pacific Avenue, Polk Street, Regional Commercial District, Sacramento Street, San Bruno Avenue, SoMa, Taraval Street, Inner Taraval Street, Union Street, Valencia Street, 24th Street-Mission, 24th Street-Noe Valley, and West Portal Avenue Neighborhood Commercial Districts. * * * * (B) Wall Signs. The Area of all Wall Signs shall not exceed two square feet per foot of street frontage occupied by the use measured along the wall to which the Signs are attached, or 100 square feet for each street frontage, whichever is less. The Height of any Wall Sign shall not exceed 24 feet, & the height of the wall to which it is attached, or the height of the lowest of any residential windowsill on the wall to which the Sig,qiJ. is attached, Planning Department BOARD OF SUPERVISORS Page 3 whichever is lower. Such Signs may be Nonilluminated, Indirectly Illuminated, or Directly Illuminated. Notwithstanding the foregoing paragraph, a Wall Sign for a Movie Theater located within the Japantown NCD (i) shall not be higher than the height of the wall to which it is attached, (ii) shall have an area not to exceed 150 square feet, i[it is located at a height of30 feet or lower, {iii) shall have an area not to exceed 70 square feet, i[it is located at a height ofgreater than 30 feet, and (iv) may be located on any building face so long as the total number of such Signs does not exceed the total number of streets on which the parcel containing the Movie Theater has frontage. * * * * Section 4. Articles 1.7 and 2 of the Planning Code are hereby amended by revising Sections 190, 191, and 205.2, to read as follows: SEC.190. CONVERSION OF MEDICAL CANNABIS DISPENSARIES TO CANNABIS RETAIL ESTABLISHMENTS. * * * * (d) This Section 190 shall expire by operation of law on Januery I December 31, 2024. Upon its expiration, the City Attorney -shtll-lis authorized to cause this Section 190 to be removed from the Planning Code. SEC.191. AUTHORIZATION OF TEMPORARY CANNABIS RETAIL USES. * * * * (b) This Section 191 shall expire by operation of law on Januery I December 31, 2024. Upon its expiration, the City Attorney -shtll-lis authorized to cause this Section 191 to be removed from the Planning Code. Planning Department BOARD OF SUPERVISORS Page4 SEC. 205.2. TEMPORARY USES: ONE- TO SIXSEVEN-YEAR LIMIT. A temporary use may be authorized for the following uses as specified below: * * * * (d) Temporary authorization for a period not to exceed ~seven years. fe} Temporary Cannabis Retail Use, as provided by Section 191, to be authorized no earlier than January 1, 2018 and to expire on Ja,ibtttry I December 31, 2024. This is the only type of Temporary Use allowed for the sale of cannabis or cannabis products. Section 5. Article 4 of the Planning Code is hereby amended by revising Section 415A.2, to read as follows: SEC. 415A.2. DEFINITIONS. The following terms shall have the following definitions: "Pipeline Project" means a residential or live/work project that (1) is subject to the lnclusionary Affordable Housing Ordinance, Planning Code Section 415.1 et seq., and (2) was Finally Approved prior to November 1, 2023, and (3) has not been issued a First Construction Document prior to November 1, 2023. "Finally Approved" or "Final Approval" shall mean (1) approval of a project's first Development Application, unless such approval is appealed; or (2) if a project only requires a building permit, issuttnceplanning approval of the first site or building permit, unless such permit is appealed; or (3) if the first Development Application or first site or building permit is appealed, then the final decision upholding the Development Application, or first site or building permit, on the appeal by the relevant City Board or Commission. "Finally Approved" or "Final Approval" shall not include any modification of the approval under Section 415A.5. Planning Department BOARD OF SUPERVISORS Page 5 Section 6. Article 8 of the Planning Code is hereby amended by revising Section 838, to read as follows: SEC. 838. UMU - URBAN MIXED USE DISTRICT. * * * * Table 838 UMU - URBAN MIXED USE DISTRICT ZONING CONTROL TABLE Zoning Category § References Urban Mixed Use District Controls * * * * NON-RESIDENTIAL STANDARDS AND USES * * * * Utility and Infrastructure Use Category * * * * Wireless Telecommunications § 102 Cf-1f(5) Services Facility * * * * * * * * (3) Pup to 3,999 gross sq. ft. per use; C for 4,000 gross sq. ft. or greater per use. Not subject to 3:1 ratio. * * * * (5) P in historic buildings per §803.9(c). Section 7. Effective Date; Partial Retroactivity. (a) This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Planning Department BOARD OF SUPERVISORS Page 6 (b) Upon the effective date, Section 4 of this ordinance shall be retroactive to January 1, 2024. Sections 2, 3, 5, and 6 of the ordinance shall not be retroactive. Section 8. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: /s/ AUSTIN YANG Deputy City Attorney n :\legana\as2023\2400057\01731643.docx Planning Department BOARD OF SUPERVISORS Page 7 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton 8. Goodlett Place San Francisco, CA 94102-4689 File Number: 240070 Date Passed: March 26, 2024 Ordinance amending the Planning Code to modify offset requirement for heights exceeding 30 feet in the Bernal Heights Special Use District; permit large movie theater signage in the Japantown Neighborhood Commercial District; allow Medical Cannabis Dispensaries to continue operating as Temporary Cannabis Retail Uses until December 31, 2024; clarify eligibility for reduction in lnclusionary Housing requirements; and correct an error in the Zoning Control Table for the Urban Mixed Use District; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. March 11, 2024 Land Use and Transportation Committee - RECOMMENDED March 19, 2024 Board of Supervisors - PASSED ON FIRST READING Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani and Walton Excused: 1 - Ronen March 26, 2024 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page I Printed at 9:16 am 0113/27/24 File No. 240070 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/26/2024 by the Board of Supervisors of the City and County of San Francisco. ' Angela Calvillo Clerk of the Board Date Approved Printed at 9: 16 am 0113/27/24